Driving while exceeding the prescribed concentration of alcohol (2)

Exceed Alcohol Limit | Drink Driving Offences | Drink Driving Lawyers Melbourne

What the Law states - Driving while exceeding the prescribed concentration of alcohol (2)

Road Safety Act 1986 - SECT 49

Offences involving alcohol or other drugs

49. Offences involving alcohol or other drugs

(1) A person is guilty of an offence if he or she-

(f)  within 3 hours after driving or being in charge of a motor vehicle furnishes a sample of breath for analysis by a breath analysinginstrument under section 55 and-

(i)  the result of the analysis as recorded or shown by the breath analysing instrument indicates that the prescribed concentration of alcohol or more than the prescribed concentration of alcohol is present in his or her breath; and

(ii) the concentration of alcohol indicated by the analysis to be present in his or her breath was not due solely to the consumption of alcohol after driving or being in charge of the motor vehicle;



For more information on the driving charge of Driving While Exceeding the Prescribed Concentration of Alcohol, including maximum penalty, what the prosecution must prove, and possible defences for the charge, please visit ADLA - Victoria | Driving While Exceeding the Prescribed Concentration of Alcohol.

Drink Driving Lawyers Melbourne

Exceed Alcohol Limit | Drink Driving Offences | Drink Driving Lawyers Melbourne   Josh Taaffe
Drink Driving Lawyer

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Josh Taaffe is a solicitor at our Melbourne City Office and appears... read more
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